State and federal regulatory and legislative changes to an employer's
legal use of credit report, criminal record, and social media background checks present another threat to your background screening program.
All 11 of the states that have passed laws limiting an employer's
use of credit reports in the hiring process have some of these similar exceptions.
An overly broad
use of credit reports by employers could lead to claims of discrimination from a disparate impact on protected groups such as Blacks and Latinos.
NAPBS and its membership continue to educate legislators on employers» infrequent and job -
necessitated use of credit reports, and it strives to dispel rumors that employment credit reports include credit scores.
However, employers should approach
the use of credit reports with caution and have policies and procedures in place to ensure that the use of credit information is both relevant and fair.
For a more details on
the use of credit reports and employment, see the ESR special report: «Credit Reports and Job Hunting»
«Employers have clearly illustrated that
the use of credit reports holds value for them, right alongside the personal interview, review of education history, resume, job skills, references standardized testing and other information that they use as part of the pre-employment process,» says Steven Katz, spokesman for the credit bureau TransUnion.
Before
the use of credit reports, credit granting tended to be slow, inconsistent, and unfairly biased.
By Ms. Malia of Boston, a petition (accompanied by bill, House, No. 1736) of Elizabeth A. Malia and others for legislation to regulate
the use of credit reports by employers and prospective employers.
Everybody knows
the uses of a credit report.
By submitting an application to rateGenius, you consent to
the use of your credit report for the purpose of obtaining a credit offer from one of our participating lenders.
Other states, although they allow
the use of a credit report, have different restrictions when it comes to using them in insurance premiums according to an Allstate filing.
A few states have very restrictive rules, prohibiting cancellations and renewals based on credit history or specifically banning
the use of credit reports.
For now,
the use of credit reports is an industry standard.
Other states, although they allow
the use of a credit report, have different restrictions when it comes to using them in insurance premiums according to an Allstate filing.
Some states / jurisdictions have restricted
the use of credit reports based on position and industry and there are many other states who currently have proposed legislation to limit or prohibit the use of credit reports in hiring.
Washington D.C.'s council is debating new legislation limiting
the use of a credit report results as a basis for hiring decisions.
Finally, as the Consumer Financial Protection Bureau (CFPB) takes over enforcement of laws that protect consumers from discrimination and other unfair treatment in consumer finance, employers are wise to evaluate their policies and practices related to
the use of credit reports in hiring.
Legislators and others seeking to bolster employment opportunities have scrutinized background screening, particularly
the use of credit reports and criminal records.
The Equal Employment Opportunity Commission (EEOC), which enforces federal laws that make it illegal for employers to discriminate against an applicant based on race, color, religion, sex or national origin, has been quite aggressive (albeit mostly unsuccessful) in recent years suing employers for
the use of credit reports in employment screening claiming disparate impact.
To date, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont and Washington have passed laws restricting
the use of credit reports during the hiring process.
Further, Commissioner Barker informed attendees that similar guidance on
the use of credit reports will soon follow.
Some states have somewhat restricted
the use of credit reports, the practice is still considered legal for employment screening purposes.
Employment Screening Resources (ESR)-- a leading global background check firm — provides employers with consumer credit reports for employment purposes that comply with any restrictions on
the use of credit reports by employers.
The topic has been in the news and states have passed laws or are considering laws to restrict
the use of credit reports and employment.